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OK SB1903

Bill

Status

Vetoed

5/28/2010

Primary Sponsor

Ben Sherrer

Click for details

Origin

Senate

2010 Regular Session

AI Summary

  • Creates the Oklahoma Home Service Contract Act to establish an independent legal framework for home service contracts, declaring them not to be insurance and exempt from the Insurance Code.

  • Requires home service contract providers to register with the Insurance Commissioner and pay an initial fee of $1,200 plus a fraud fee of $2,250, with renewal every three years; providers must also pay a 2% administrative fee on gross contract sales or elect an annual $3,000 flat fee.

  • Mandates providers maintain one of three financial security options: a 40% funded reserve account, a 5% security deposit (minimum $25,000), or a $25 million net worth; alternatively, providers may obtain 100% reimbursement insurance coverage from an AM Best B++ rated insurer.

  • Requires service contracts to clearly disclose in writing: provider information, total purchase price, covered merchandise and services, limitations and exclusions, cancellation terms, customer obligations, and claim procedures including toll-free numbers for emergency repairs.

  • Authorizes the Insurance Commissioner to examine providers, issue cease-and-desist orders, impose civil penalties up to $500 per violation (maximum $10,000 aggregate), and pursue injunctions for violations; provides hearing procedures for aggrieved parties.

Legislative Description

Insurance; creating the Oklahoma Home Service Contract Act. Effective date.

Insurance

Last Action

Vetoed 06/10/2010

5/28/2010

Committee Referrals

Retirement and Insurance2/2/2010

Full Bill Text

No bill text available